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legaleagle, Lawyer

Category: Criminal Law

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Experience: Licensed Attorney for 7 years

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My son received a guilty conviction three years ago for falsifying

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My son received a guilty conviction three years ago for falsifying an insurance claim. His only sentence was to serve three years formal probation which he completed on June 25, 2010. The court told him he was now eligble to file a Petition for Expungement. Our question is that the Petition gives choices of reducing to a misdemeanor or the finding of guilt be set aside. However, it states that this felony will show as a conviction and he will still need to report the felony if applying for a job (there is no obligation to report a misdemeanor). Our question is would it be better to ask for the charge to be reduced to a misdemeanor or is it better to have the plea set aside? Thank you, XXXXX XXXXX

Having a felony on his record will be worse than a misdemeanor when he is searching for a job or if he ever wants to apply for a professional license. So he has to determine what his goal is in seeking the expungment, is it to get the finding set aside but still have the conviction for a felony, or to avoid having a felony conviction on his record and be okay with a misdemeanor one on his record.

is it harder to get it reduced to a misdemeanor? If he meets all the criteria under 1203.4, and he asks for a misdemeanor, will the court grant it or do they have the right to set aside the felony? Thanks

No it is not harder and if he meets the requirements his request should be granted as he requested it. They usually do not give you what you do not ask for unless you do not meet the requirements for what you ask for.

Sorry! Last question: The petition has a check box for either the the felony is one that can be reduced to a misdemeanor under Penal Code Section 17 or expunged under 1203.4. Obviously, we would like the misdemeanor but does I don't think he meets the test of Section 17 or does he? Thanks!!

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